10.  The applicant was born in 1971 and lives in Diyarbakır.
11.  The facts surrounding the disappearance of İhsan Haran are disputed between the parties. The facts as presented by the applicant are set out in Section B below (see paragraphs 13-22). The Government’s submissions concerning the facts are summarised in Section C below (see paragraphs 23‑26).
12.  A summary of the relevant documents submitted by the parties have been set out separately in Sections D (see paragraphs 27-29) and E (see paragraphs 30-53) respectively. In summarizing the documents submitted by the parties, the Court has used the names of persons as cited in these documents. They do not necessarily reflect the correct spelling of the names of these persons.
13.  On an unspecified date one of the applicant’s brothers and a paternal cousin joined the PKK. At that time the applicant and İhsan Haran approached the Lice public prosecutor’s office and told the prosecutor that they were not in the least responsible for anything the brother and the cousin did and that the brother and the cousin had become involved in the PKK without the knowledge of the applicant or İhsan Haran. The public prosecutor said that he did not intend to open any kind of case against the applicant or İhsan Haran because of these events. In any event, İhsan Haran would hide in the forest when soldiers would come to the Arıklı village where they were residing.
14.  On 12 May 1994 the applicant and her husband together with their children moved from their village to Diyarbakır after their village was destroyed by the security forces. They did not consider it appropriate to give their new address to the authorities.
15.  On 24 December 1994 the applicant’s husband İhsan Haran did not return from the construction site of the Diyarbakır underground market where he had been working for the previous eight days. The applicant and other family members did not find this unusual because if there was extra work he would remain at work and not return home.
16.  On 27 December 1994 Mr Fahri Hazar, a co-villager, came to the applicant’s house and told her that on the morning of 24 December 1994 an identity check had been carried out by uniformed police officers at the construction site where İhsan Haran had been working and that while they were checking İhsan Haran’s identity papers, they started arguing amongst themselves. This argument lasted for some ten minutes and then the police officers took İhsan Haran away.
17.  On 30 December 1994 Mr Fahri Hazar was arrested and taken into police custody.
18.  After learning that her husband was arrested by the police officers, the applicant tried to file a petition with the public prosecutor’s office at the State Security Court in order to learn of his whereabouts. However, she was prevented from submitting her petition by the police officers standing in front of the State Security Court. She and other family members tried to see the public prosecutor for about a month without success.
19.  The applicant then started visiting several prisons in order to find out whether anyone had seen her husband. She met one person, whom requested from the applicant not to be named, who was placed in the Dormitory 31 at the Diyarbakır E-type prison and who told her that he had seen İhsan Haran in custody.
20.  On 1 February 1995 İhsan Haran’s brothers were taken into custody. In a statement dated 7 September 2004 given to their own legal representative, they said that while they were held in police custody they were threatened by the police officers that they would also be killed like their brother İhsan Haran (see paragraph 27 below).
21.  In 1997 the applicant’s sister-in-law was harassed by the police officers.
22.  On 15 December 1998 the applicant was approached by a man who claimed to be a policeman. He told her to get into a nearby car. She refused. He knew information about her family and offered her financial support in return for information. On 21 December 1998 the applicant told her lawyer that she had been refused a new identity card and that she had often been forced to change her home because of harassment by the security forces, including raids on her homes.
23.  Following the communication of the application by the European Commission on Human Rights on 26 February 1996 to the Government, the Diyarbakır public prosecutor’s office opened an investigation into the applicant’s allegations.
24.  On 21 January 1998 the Diyarbakır public prosecutor held that there was no need for a further investigation as there was no evidence showing that İhsan Haran had disappeared in police custody (see paragraph 36 below). He observed that since 1994 there was no record of any complaint made to the offices of the Diyarbakır public prosecutor and of the public prosecutor at the Diyarbakır State Security Court and of the Lice public prosecutor. He noted that no record had been found that İhsan Haran had been taken into custody by the Diyarbakır Security Directorate, Anti-terror branch, and the Provincial Gendarmerie Commander. It further observed that İhsan Haran was being searched for by the Diyarbakır Anti-terror branch. The applicant did not object to this decision.
25.  The investigation into the circumstances surrounding the disappearance of İhsan Haran still continues without success (see paragraphs 38-47 below).
26.  On 12 April 2004 the General Security Directorate of the Ministry of Internal Affairs informed the Ministry of Justice that İhsan Haran was sought for his involvement in an illegal organisation following testimonies of certain suspects. In the same letter, the Ministry of Justice was informed that Nesibe Haran and İhsan Haran were not married (see paragraph 50 below).
27.  In their statements, Seyithan Haran and Abdullah Haran submitted that they had been arrested in Diyarbakır on 1 February 1995 by police officers. They averred that they had been subjected to ill‑treatment while they were held in police custody and that they had been told that they would undergo the same treatment as their brother İhsan. They submitted that they were also told that if they did not confess their crimes they would be eliminated and face the same fate as their brother İhsan.
28.  The extracts of the relevant part of the report is as follows:
“Azad code name İhsan Haran was from Lice. He was either a militant or militia. He was taken outside town, interrogated and executed. Some information on his case: He was detained on 28 December 1994 on his way to his shop. His wife Nesime Haran stated that she had approached the State Security Court repeatedly, but had not received a response (Azadi, 12 February 1995). Mehmet Haran stated that (...) his nephew İhsan Haran had ‘disappeared’ (Evrensel, 26 December 1995). After the news in the press, Nesibe Baran stated: “The first time my husband was taken from the village to Hazro was in 1993. He stayed in custody for thirteen days. Later on we moved to Diyarbakır. Four months later plain clothes people kidnapped him. Over five months I constantly requested information from the prosecutor, but he did not accept that my husband had been detained. One day, on my way home, a person stopped me and wanted to talk. When I disagreed, he said that he was a police officer. He told me that my husband had been killed; he did not know the place but who did it. He asked me question about many people and I said that I did not know them. He wanted me to work for them, in a way to be their agent. I complained to the HRA and they did not disturb me anymore.”
29.  On 4 May 2004 Mr Abdulkadir Aygan, an ex-PKK and alleged ex‑JITEM (Intelligence branch of the Gendarmerie) member, gave an interview on ROJ TV where he claimed that JITEM conducted extra‑judicial killings of prominent Kurdish intellectuals. In the last part of the programme he gave a list of names of those others who were also allegedly killed by JITEM. İhsan Haran’s name was also mentioned by Mr Abdulkadir Aygan who stated without giving any details that he was interrogated and killed by the JITEM. The extracts of the relevant part of the video-tape is as follows:
“Azad code name İhsan Haran was from Lice. He was either a militant or militia. He was taken outside the town, interrogated and executed."
30.  The custody reports of the Diyarbakır Security Directorate for the period between 22 January 1994 and 31 December 1995 do not contain the name of İhsan Haran.
31.  On 20 February 1995 Abdullah Haran was taken into custody. The extract of the relevant part of his statement is as follows:
“Abdullah Haran (forged identity papers in the name of Mehmet Sedat Gökmen): We are nine siblings, my father works as a guardian in construction sites, my mother is a cleaner, my siblings are as follows; İhsan Haran: born in 1968. He is involved in PKK activities in rural areas since 1993. His code name is Azat (K). He is still active in the Lice region.”
32.  On 20 February 1995 Seyithan Haran was taken into custody. The extract of the relevant part of his statement is as follows:
“Seyithan Haran (code names Behzan, forged identify papers in the name of Refik Manay): We are nine siblings, my father works as a guardian in construction sites, my mother is a house wife, my siblings are as follows; İhsan Haran: born in 1968. In 1993 he joined PKK’s rural branch. He is still active in the rural areas. His code name is Azat (K).” 3.  Letter from General Directorate of Security of the Ministry of Internal Affairs to the Ministry of Foreign Affairs, dated 22 May 1996
33.  The General Directorate of Security of the Ministry of Internal Affairs informed the Ministry of Foreign Affairs that an investigation had been conducted into the applicant’s allegations before the European Commission of Human Rights. They found no record that İhsan Haran had been taken into custody between 24 December 1994 and 1 February 1995. They further informed that İhsan Haran did not figure in any of the archives.
34.  According to the birth certificate of the applicant, she is single and her maiden surname is Haran. She has eleven siblings and three children who were registered with the birth registry on 2 August 1996 pursuant to Article 290 of the Civil Code. The name of the father of her children is stated to be İhsan.
35.  According to the birth certificate of İhsan Haran, he is single and has eight siblings.
36.  On 21 January 1998 the Diyarbakır public prosecutor held that there was no need for further investigation on account of lack of evidence. He observed that since 1994 there was no record of any complaint made to the offices of the Diyarbakır public prosecutor and to the public prosecutor at the Diyarbakır State Security Court and to the Lice public prosecutor. He noted that no record had been found that İhsan Haran had been taken into custody by the Diyarbakır Security Directorate, Diyarbakır Anti-terror branch, and the Provincial Gendarmerie Commander. It further observed that İhsan Haran was sought for by the Diyarbakır Anti-terror branch. 6.  Letter from the public prosecutor at the Diyarbakır State Security Court to the Diyarbakır public prosecutor’s office, dated 3 April 2000
37.  The public prosecutor at the Diyarbakır State Security Court informed the Diyarbakır public prosecutor’s office that İhsan Haran was being searched on suspicion of membership in an illegal organisation, namely the PKK, following the statements of Mr N.Z. before the State Security Court. He submitted that there was no information or documents indicating that İhsan Haran had disappeared or that he had been taken into custody.
38.  On 16 October 2000 the public prosecutor’s office requested from the Diyarbakır Municipality to provide them with the names of the companies involved in the construction of the Diyarbakır underground market in 1994. On 30 October 2000 the Diyarbakır Municipality sent the requested information.
39.  On 27 October 2000 the Diyarbakır public prosecutor informed the Diyarbakır principal public prosecutor’s office that the investigation into the disappearance of İhsan Haran was continuing.
40.  On 23 March 2000 the Diyarbakır Security Directorate submitted its custody records pertaining to the years 1994-1995.
41.  On 29 February 2000 the Diyarbakır principal public prosecutor’s office stated that Nesime Haran had lodged an application with the European Commission on Human Rights claiming that her husband had disappeared in police custody and that there had been two eye-witnesses and that she had been prevented by the police to file a complaint with the public prosecutor’s office. Accordingly, it ordered the Lice principal public prosecutor’s office to conduct the following investigations:
(a)  To obtain a statement of Nesime Haran in respect of her complaint pertaining to the disappearance of her husband;
(b)  To request the applicant to provide the names of eye-witnesses and to determine the identity and open addresses of the witnesses;
(c)  To obtain a statement of Nesime Haran in respect of her complaint that the police had prevented her from filing a complaint with the public prosecutor’s office;
(d)  To request the applicant to provide the names of potential eye‑witnesses to the above-mentioned event;
(e)  To request the applicant to clarify to where she had tried to file a complaint and was prevented from doing so.
42.  On 21 December 2001 the Diyarbakır public prosecutor’s office requested from the Lice Population Directorate the birth records of Nesibe Haran.
43.  On 15 May 2001 the Diyarbakır public prosecutor’s office requested the Lice public prosecutor’s office to locate the applicant in order to obtain statements from the latter in respect of the disappearance of her husband. He further requested an inquiry on whether her new address was registered with the authorities in the event that the applicant would not be found in her village. Finally, it requested the Lice public prosecutor’s office to locate the addresses of the close relatives of the applicant.
44.  On 21 November 2002 the Diyarbakır public prosecutor’s office requested the Diyarbakır Security Directorate to provide the names of workers employed by three construction companies between 1994 and 1995.
45.  On 29 January 2003 and 25 September 2003 the public prosecutor at the Diyarbakır public prosecutor’s office informed the Diyarbakır principal public prosecutor’s office that the investigation into the disappearance of İhsan Haran was continuing.
46.  On 1 December 2003 the Diyarbakır public prosecutor informed the Diyarbakır principal public prosecutor’s office that they were still awaiting a response from the Diyarbakır Traffic Registry Office, State Hospital, Diyarbakır Land Registry, Diyarbakır Birth Registry, Lice Birth Registry and Lice Land Registry on whether İhsan Haran had accomplished any acts since 1 December 1994.
47.  On 3 January 2004 the Diyarbakır public prosecutor informed the Diyarbakır principal public prosecutor’s office that they were still awaiting a response from the Lice Land Registry on whether İhsan Haran had accomplished any administrative acts since 1 February 1994 before various administrative authorities.
48.  The public prosecutor requested the Lice Gendarmerie Command to bring, as soon as possible, the complainant Nesime Haran before the public prosecutor’s office in order to obtain her testimony. Her open address was stated as: Arıklı village.
49.  Both witnesses affirmed that they had been held in custody between 15 December 1994 and 2 January 1995 in the anti-terror branch of the Security Directorate and that they had not seen or known of a person named İhsan Baran during that time.
50.  The General Security Directorate informed the Ministry of Justice that İhsan Haran’s name was mentioned in the statements of seventeen suspects arrested in the course of an operation conducted against the PKK/KONTRA-GEL and that therefore, he was currently being sought. They further submitted that, despite the allegations that İhsan Haran had been seen in custody, his brothers in their statements of 20 February 1995 before the Diyarbakır Security Directorate had submitted that their brother had joined the PKK in 1993 and that he was continuing his activities under the code name of Azad. They finally stated that according to the Birth Records of the Diyarbakır Population Office, İhsan Haran and Nesime Haran were not married. 11.  Minutes of the hearings held between 20 March 1995 and 16 June 1996 before the Diyarbakır State Security Court in the criminal proceedings against İhsan Haran’s brothers
51.  Before the Diyarbakır State Security Court, Seyithan Haran claimed to have given his statements in police custody under duress and Abdullah Haran claimed that the statement which was read out to him before the court was not the statement that he had given in police custody.
52.  Ihsan Haran’s brothers were tried before the Diyarbakır State Security Court together with eight other co-accused, including a certain Fahri Hazar from Arıklı village. Seyithan Haran and Abdullah Haran were convicted on 16 June 1996 and sentenced to three years and nine months’ imprisonment.
53.  İhsan Haran’s name does not figure in the list of workers who worked for RE-HA Construction Company.